Terms and Conditions
All contracts are governed by the following terms and conditions, which were notified to the buyer prior to the conclusion of an agreement. The buyer declares to know these terms and conditions well and accept them explicitly. These terms and conditions are an integral part of the contract.
Only special conditions laid down in writing and prior expressly agreed between J. THIENPONT Ltd. and the purchaser may differ from these Terms and Conditions.
All offers from J. THIENPONT Ltd. are optional and do not imply any commitment. The orders placed directly or through agents or representatives will not be finalised until they are confirmed in writing and signed by J. THIENPONT Ltd. All commitments made by representatives, agents, brokers or other intermediaries J. THIENPONT Ltd. will only become binding after written confirmation by J. THIENPONT Ltd.
All wines and spirits and other goods are subject to availability. When selecting the wines or other goods from our webshop we try to ensure that they will remain available throughout the order process by updating our system every 10 minutes. However, some items will inevitably go out of stock. If we are unable to supply a particular item, or do not supply a substitute, we will not be liable to you except to ensure that you are not charged for that item.
All confirmed orders with J. THIENPONT Ltd. are executed with the necessary urgency. However, the delivery deadlines are only provided by way of information and are in on no occasion binding to J. THIENPONT Ltd. Any delay in delivery does not provide entitlement to compensation or entitlement to dissolve the agreement. All goods are shipped at buyer's risk. The transport costs and taxes are borne by the buyer, unless expressly agreed otherwise.
Thienpont Wine offers free delivery within Belgium for all orders above an amount of € 400.00 incl. VAT. For orders below the minimum amount we either charge a transport fee of € 12 or we refer to the shipping rates of our external transport partner.
All complaints relating to or arising from the implementation of the agreement must be directed in writing and within 7 days and be explicitly accepted by J. THIENPONT Ltd. In the event of prompt and justified complaints, J. THIENPONT Ltd. reserves the right to take back the defective delivery and to provide a new supply of the same or a similar product without payment of any compensation.
Unless otherwise agreed, all invoices from J. THIENPONT Ltd. are payable in Etikhove within a 30-day term, counting from the invoice date. All collection costs are borne by the buyer. Failure to pay the invoice within the period from the due date will automatically, and without prior notice, incur a default interest of 10% of the invoice amount, on an annual basis. Likewise, legally and without prior notice, a lump-sum fee of 10% of the invoice amount with a minimum of EUR 25.00 will be payable as damages. Expenses related to unpaid bills or checks, as well as other collection costs are not included in this compensation and the buyer will be charged for them separately. The non-payment of an invoice on its due date also renders all the other buyer’s contingent actual sums immediately payable. In case of non-payment, J. THIENPONT Ltd. also reserves the right to stop any further implementations. Furthermore, J. THIENPONT Ltd. reserves the right to terminate the agreement by law and without prior notice and consider it dissolved for its entirety, or for the non-executed part. All partial payments by the buyer will be allocated primarily to the outstanding interest and damages and then to the principal of the oldest invoices.
- Reservation of Tile
As long as the delivered goods have not been paid, they remain property of J. THIENPONT Ltd. This reservation of title refers explicitly to the application of article 101 and 108 of the Bankruptcy Act, in accordance with The new Law on Pledge, which has been in force since 11th of july 2013. However, the legal responsibility explicitly passes to the buyer when the contract is concluded.
The liability of J. THIENPONT Ltd. is maximally limited to the value of the products delivered, regardless the extent of the damage, where the value of the products is determined on the sales invoice, excluding VAT, transport and / or other rights.
- Termination-dissolution of the agreement
When, due to force majeure, strikes and the like, it is not possible for J. THIENPONT Ltd. to execute the agreement fully or in part, it reserves the right to end the agreement without the possibility of any claims for damages. J. THIENPONT Ltd. also reserves the right to regard the agreement to be terminated by law and without prior notice in case of bankruptcy, insolvency or any significant modification to or in the legal or factual situation of the buyer.
- Authority-applicable law
For all disputes and disagreements, only the courts of East Flanders, department of Oudenaarde, including summary proceedings, are authorised. The drawing of bills of exchange does not form an exception to this jurisdiction clause. All legal relationships are governed by Belgian law.
The invalidity of any provision or part thereof is not valid for all the other stipulation in these terms and conditions.